Commentary During the 20th century, the Supreme Court created new constitutional rights not mentioned in the Constitution’s text, primarily by claiming those rights were inherent in the 5th and 14th Amendment Due Process Clauses. They included rights to privacy, autonomy, and bodily integrity. In accordance with those new precedents, citizens have asked the courts for protection against oppressive pandemic restrictions. Yet the courts have dismissed most of their cases, relying on an old Supreme Court decision largely superseded by the newer precedents. A recent example of this treatment was Justice Amy Coney Barrett’s refusal—without referring the case to her Supreme Court colleagues—to put on hold a vaccination mandate issued by Indiana University, a state institution. Before proceeding further, let me clarify: I agree that during pandemics the states’ “police power” (governance authority) is very broad. I have been vaccinated against the CCP virus, and I believe most people probably should …
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